Landy v. Steinbach
To prevail in a premises-liability suit, a plaintiff may be required to prove that the defendants controlled the location, that there was a defect at that location and that the defendants received actual or constructive notice of the defect. Allegedly, the plaintiff was walking when she felt a snapping sensation, her knee gave way, and she slipped and fell. The plaintiff sued Michael Steinbach and Apple Holdings LLC, alleging that they were negligent. The court found that the plaintiff failed to prove that the defendants controlled the location where the plaintiff allegedly slipped and fell. Other individuals walked at or near the same location without incident. Medical records that indicated that the plaintiff felt a snapping sensation and then her knee gave way did not discuss any defect at the property. There was no evidence of any defect. Even if there were, there was no evidence that anyone provided actual or constructive notice of any defect to the defendants. The court granted judgment and costs to the defendants.